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PEOPLE v. KILLARNEY

Docket No. 78-2326.

95 Mich. App. 396 (1980)

290 N.W.2d 156

PEOPLE v. KILLARNEY

Michigan Court of Appeals.

Decided February 6, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Assistant Prosecuting Attorney, for the people.

Susskind, Hedstrom & Falahee, P.C., for defendant on appeal.

Before: R.M. MAHER, P.J., and MacKENZIE and J.H. PIERCEY, JJ.

PER CURIAM.

The people appeal as of right from an order of the Jackson Circuit Court granting defendant's motion for directed verdict in a prosecution for felonious assault, contrary to MCL 750.82; MSA 28.277.

The court granted the motion on the ground that the people had failed to show that the defendant's actions had placed anyone in fear. While this element may suffice to establish that an assault took place, it is not a necessary element of assault.

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